How do I get a restraning order w/o "proof"?
my x-boyfriend is getting sentenced, i dont know how long he will be locked up but i would like part of his sentence to involve him not being able to come near me, my apartment, my job or my family (we do not have children). he has some really serious crimes against him (weapons,posession) and he is upset that I broke up with him.
How can I get a restraning order on him? He has never hit me or threatned me but I know how he is and how unstable he can be when he is emotional.
if he gets out on bail before starting to serve his time, i'm worried he will come look for me and i just dont want to deal with it. Any ideas?
Thank you!
Comments
Didn't you say in a previous question he went gay, and that's why you broke up with him?
This guy has a ton of issues, and I don't blame you for not wanting to deal with him.
Your best bet to find out your options in this mess is to get in touch with the prosecuter of the case. He is the one that can Analise it for you and go over what options you have, if any.
If he has never actually done anything to you, it may be difficult to get a restraining order.
If he had threatened you, you would have grounds, but you say he didn't do that either.
I don't think legally you can impose a "stay away from me" clause in his sentence.
If he gets out on bail, and you are really worried that much, I recommend going staying with family or friends until he is locked up.
Find someone to go with you to and from work, and don't let yourself get into a situation where you are alone and vulnerable.
I would also look into purchasing a taser, or mace or some sort of self defense.
It sucks to have to live like that, but until you know he is behind bars, it is much better to be safe, than sorry.
I don't t think you can get a restraining order against someone who hasn't done anything against you. Not unless you make up some kind of a story about it. But that of course would be illegal. And it will probably upset your ex.
If you cry 'wolf' when there is isn't any. Then people won't believe you even when that 'wolf' does come to do some harm.
If you are the victim in one of the charges he is facing, you do not need a restraining order, the court can order him to have no contact with you as a condition of his bail.
If you are not directly involved in the charges he is facing, you would need to be able to articulate to the judge why you have a concern for your safety. If it is valid, you should get the order.
well, part of his sentence wont be a restraining order for you, because you have nothing to do with his crime. even if you can get one it will be totally seperate from that case. but i doubt you can get one unless you lie and say he did something to you. because as of now he hasnt. and u just want the restraining order because you dont want to be "bothered" by dealing with an ex who still loves you. i dont think you have been 'emotionally abused" like somebody above stated. you never stated that your scared, and u said he never even threatened you.
You "don't". Why would they ever give out restraining orders without proof of a reason too? You even state that you want one simply to punish him. You can't do that, restraining orders exist so you can legally ban someone from your presence and use them later as precedent in a court of law.
just go to the judge and explain--under the circumstances, you probably won't have a problem getting a restraining order. call the prosecuting attorney and talk with them about having it included in the sentence. start keeping a journal of everything single thing he does or says to you---that will help as a sort of proof. good luck!!
Go to your local police station and file one - I don't think you have to have to have physical proof of abuse - you are emotionally abused and you are afraid for your safety - being concerned for your safety is enough. Your local police department will be able to assist you. Just remember a restraining order only will keep him away if he is law abiding - it doesn't sound like he is - this may make him angrier - be careful. Talk to the police and see what else you can do to protect yourself. Good luck. Hope everything works out for you.